# C_2016075EN.01019201.xml

| 26.2.2016 | EN | Official Journal of the European Union | C 75/192 |
| --- | --- | --- | --- |

26.2.2016

EN

Official Journal of the European Union

C 75/192

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P7_TA(2013)0296

Inspection of the roadworthiness of commercial vehicles ***I

Amendments adopted by the European Parliament on 2 July 2013 on the proposal for a regulation of the European Parliament and of the Council on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Union and repealing Directive 2000/30/EC (COM(2012)0382 — C7-0188/2012– 2012/0186(COD)) (1)

1

(Ordinary legislative procedure: first reading)

(2016/C 075/33)

Amendment 1

Amendment 1

Proposal for a regulation

Proposal for a regulation

Recital 3

Recital 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| (3) | Roadworthiness testing is a part of a wider regime ensuring that vehicles are kept in a safe and environmentally acceptable condition during their use. This regime should cover periodic roadworthiness tests for all vehicles and roadside technical inspection for vehicles used for commercial road transport activities as well as provisions on a vehicle registration procedure to ensure
  that
  vehicles which constitute an immediate risk to road safety
  are not used on roads
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(3)

Roadworthiness testing is a part of a wider regime ensuring that vehicles are kept in a safe and environmentally acceptable condition during their use. This regime should cover periodic roadworthiness tests for all vehicles and roadside technical inspection for vehicles used for commercial road transport activities as well as provisions on a vehicle registration procedure to ensure
  that
  vehicles which constitute an immediate risk to road safety
  are not used on roads
  .

that

are not used on roads

| (3) | Roadworthiness testing is a part of a wider regime ensuring that vehicles are kept in a safe and environmentally acceptable condition during their use. This regime should cover periodic roadworthiness tests for all vehicles and roadside technical inspection for vehicles used for commercial road transport activities as well as provisions on a vehicle registration procedure
  . Periodic testing should be the main tool
  to ensure
  roadworthiness. Technical roadside inspections of commercial vehicles should only be complementary to periodic tests and should be targeted at
  vehicles
  on the road
  which constitute an immediate risk to road safety. |
| --- | --- |

(3)

Roadworthiness testing is a part of a wider regime ensuring that vehicles are kept in a safe and environmentally acceptable condition during their use. This regime should cover periodic roadworthiness tests for all vehicles and roadside technical inspection for vehicles used for commercial road transport activities as well as provisions on a vehicle registration procedure
  . Periodic testing should be the main tool
  to ensure
  roadworthiness. Technical roadside inspections of commercial vehicles should only be complementary to periodic tests and should be targeted at
  vehicles
  on the road
  which constitute an immediate risk to road safety.

. Periodic testing should be the main tool

roadworthiness. Technical roadside inspections of commercial vehicles should only be complementary to periodic tests and should be targeted at

on the road

Amendment 2

Amendment 2

Proposal for a regulation

Proposal for a regulation

Recital 4

Recital 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| (4) | A number of technical standards
  and
  requirements on vehicle safety have been adopted within the Union. It is however necessary to ensure, through a regime of unexpected roadside inspections, that after being placed on the market, vehicles
  continue to meet safety standards
  throughout their lifetime. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(4)

A number of technical standards
  and
  requirements on vehicle safety have been adopted within the Union. It is however necessary to ensure, through a regime of unexpected roadside inspections, that after being placed on the market, vehicles
  continue to meet safety standards
  throughout their lifetime.

and

continue to meet safety standards

| (4) | A number of technical standards, requirements on vehicle safety
  and environmental standards
  have been adopted within the Union. It is however necessary to ensure, through a regime of unexpected
  technical
  roadside inspections, that after being placed on the market, vehicles
  remain technically roadworthy
  throughout their lifetime. |
| --- | --- |

(4)

A number of technical standards, requirements on vehicle safety
  and environmental standards
  have been adopted within the Union. It is however necessary to ensure, through a regime of unexpected
  technical
  roadside inspections, that after being placed on the market, vehicles
  remain technically roadworthy
  throughout their lifetime.

and environmental standards

technical

remain technically roadworthy

Amendment 3

Amendment 3

Proposal for a regulation

Proposal for a regulation

Recital 5 a (new)

Recital 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (5a) | Since, as shown by the Commission's report on the implementation of Directive 2000/30/EC, numerous vehicles which are stopped for roadside inspections reveal no defects, the selection of vehicles for roadside inspection should be based on the risk profile of the operators and should be targeted at high-risk undertakings in order to reduce the burden on operators that maintain their vehicles in a proper way. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(5a)

(5a)

Since, as shown by the Commission's report on the implementation of Directive 2000/30/EC, numerous vehicles which are stopped for roadside inspections reveal no defects, the selection of vehicles for roadside inspection should be based on the risk profile of the operators and should be targeted at high-risk undertakings in order to reduce the burden on operators that maintain their vehicles in a proper way.

Amendment 4

Amendment 4

Proposal for a regulation

Proposal for a regulation

Recital 6

Recital 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| (6) | The
  roadside inspections should be implemented via a risk rating system
  . The Member States may use the risk rating system established in accordance with Article 9 of Directive 2006/22/EC of the European Parliament and the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulation (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(6)

The
  roadside inspections should be implemented via a risk rating system
  . The Member States may use the risk rating system established in accordance with Article 9 of Directive 2006/22/EC of the European Parliament and the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulation (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC
  .

The

. The Member States may use the risk rating system established in accordance with Article 9 of Directive 2006/22/EC of the European Parliament and the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulation (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC

| (6) | Technical
  roadside inspections should
  therefore
  be implemented via a risk rating system
  based on the number and severity of deficiencies found on vehicles operated by individual undertakings as stated in standardised roadworthiness certificates and roadside inspection reports
  . |
| --- | --- |

(6)

Technical
  roadside inspections should
  therefore
  be implemented via a risk rating system
  based on the number and severity of deficiencies found on vehicles operated by individual undertakings as stated in standardised roadworthiness certificates and roadside inspection reports
  .

Technical

therefore

based on the number and severity of deficiencies found on vehicles operated by individual undertakings as stated in standardised roadworthiness certificates and roadside inspection reports

Amendment 5

Amendment 5

Proposal for a regulation

Proposal for a regulation

Recital 6 a (new)

Recital 6 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (
  6a
  ) | Taking into consideration the volume of traffic of commercial vehicles between Member States, and in order to avoid any discrimination based on the country of registration of the vehicle, the risk rating system should be implemented throughout the Union and based on an adequate level of harmonisation between all Member States of periodic roadworthiness testing and roadside checks. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(
  6a
  )

6a

Taking into consideration the volume of traffic of commercial vehicles between Member States, and in order to avoid any discrimination based on the country of registration of the vehicle, the risk rating system should be implemented throughout the Union and based on an adequate level of harmonisation between all Member States of periodic roadworthiness testing and roadside checks.

Taking into consideration the volume of traffic of commercial vehicles between Member States, and in order to avoid any discrimination based on the country of registration of the vehicle, the risk rating system should be implemented throughout the Union and based on an adequate level of harmonisation between all Member States of periodic roadworthiness testing and roadside checks.

Amendment 6

Amendment 6

Proposal for a regulation

Proposal for a regulation

Recital 6 b (new)

Recital 6 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (6b) | Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator established the European Register of Road Transport Undertakings (ERRU). ERRU allows national electronic registers of transport undertakings to be interconnected throughout the Union, in compliance with the Union rules on the protection of personal data. The use of that system, operated by the competent authority of each Member State, facilitates cooperation among Member States and reduces the costs involved in checks for both undertakings and administrative bodies. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(6b)

(6b)

Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator established the European Register of Road Transport Undertakings (ERRU). ERRU allows national electronic registers of transport undertakings to be interconnected throughout the Union, in compliance with the Union rules on the protection of personal data. The use of that system, operated by the competent authority of each Member State, facilitates cooperation among Member States and reduces the costs involved in checks for both undertakings and administrative bodies.

Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator established the European Register of Road Transport Undertakings (ERRU). ERRU allows national electronic registers of transport undertakings to be interconnected throughout the Union, in compliance with the Union rules on the protection of personal data. The use of that system, operated by the competent authority of each Member State, facilitates cooperation among Member States and reduces the costs involved in checks for both undertakings and administrative bodies.

Amendment 7

Amendment 7

Proposal for a regulation

Proposal for a regulation

Recital 7 a (new)

Recital 7 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (7a) | Agricultural vehicles with a maximum design speed exceeding 40 km/h are in some instances being used to replace trucks for commercial road haulage purposes. It is important to ensure that where agricultural vehicles are used in this way they are treated in the same way as trucks as regards technical roadside inspections. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(7a)

(7a)

Agricultural vehicles with a maximum design speed exceeding 40 km/h are in some instances being used to replace trucks for commercial road haulage purposes. It is important to ensure that where agricultural vehicles are used in this way they are treated in the same way as trucks as regards technical roadside inspections.

Agricultural vehicles with a maximum design speed exceeding 40 km/h are in some instances being used to replace trucks for commercial road haulage purposes. It is important to ensure that where agricultural vehicles are used in this way they are treated in the same way as trucks as regards technical roadside inspections.

Amendment 8

Amendment 8

Proposal for a regulation

Proposal for a regulation

Recital 10

Recital 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| (10) | With a view to avoid unnecessary administrative burden and costs and to improve the efficiency of inspections, vehicles operated by undertakings not complying with road safety and environmental standards
  should
  be selected as a priority, while vehicles operated by responsible and safety-minded operators and properly maintained
  should
  be rewarded with less frequent inspections. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(10)

With a view to avoid unnecessary administrative burden and costs and to improve the efficiency of inspections, vehicles operated by undertakings not complying with road safety and environmental standards
  should
  be selected as a priority, while vehicles operated by responsible and safety-minded operators and properly maintained
  should
  be rewarded with less frequent inspections.

avoid

burden

should

should

| (10) | With a view to avoiding unnecessary administrative burdens and costs and to improve the efficiency of inspections,
  it should be possible for competent national authorities to decide that
  vehicles operated by undertakings not complying with road safety and environmental standards
  will
  be selected as a priority, while vehicles operated by responsible and safety-minded operators and properly maintained
  will
  be rewarded with less frequent inspections. |
| --- | --- |

(10)

With a view to avoiding unnecessary administrative burdens and costs and to improve the efficiency of inspections,
  it should be possible for competent national authorities to decide that
  vehicles operated by undertakings not complying with road safety and environmental standards
  will
  be selected as a priority, while vehicles operated by responsible and safety-minded operators and properly maintained
  will
  be rewarded with less frequent inspections.

avoiding

burdens

it should be possible for competent national authorities to decide that

will

will

Amendment 9

Amendment 9

Proposal for a regulation

Proposal for a regulation

Recital 11

Recital 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| (11) | Technical roadside inspections of the roadworthiness should consist of initial and, where necessary, more detailed inspections. In both cases they should cover all relevant parts and systems of vehicles. To achieve a more harmonised testing, for all of the possible test items, test methods and examples of deficiencies and their assessment according to their severity should be introduced. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(11)

Technical roadside inspections of the roadworthiness should consist of initial and, where necessary, more detailed inspections. In both cases they should cover all relevant parts and systems of vehicles. To achieve a more harmonised testing, for all of the possible test items, test methods and examples of deficiencies and their assessment according to their severity should be introduced.

the

| (11) | Technical roadside inspections of roadworthiness should consist of initial and, where necessary, more detailed inspections. In both cases they should cover all relevant parts and systems of vehicles
  , including the securing of cargo
  . To achieve a more harmonised testing, for all of the possible test items, test methods and examples of deficiencies and their assessment according to their severity should be introduced.
  The use of standards for the securing of cargo and for its assessment should be encouraged. |
| --- | --- |

(11)

Technical roadside inspections of roadworthiness should consist of initial and, where necessary, more detailed inspections. In both cases they should cover all relevant parts and systems of vehicles
  , including the securing of cargo
  . To achieve a more harmonised testing, for all of the possible test items, test methods and examples of deficiencies and their assessment according to their severity should be introduced.
  The use of standards for the securing of cargo and for its assessment should be encouraged.

, including the securing of cargo

The use of standards for the securing of cargo and for its assessment should be encouraged.

Amendment 10

Amendment 10

Proposal for a regulation

Proposal for a regulation

Recital 11 a (new)

Recital 11 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (11a) | Since the proper performance of tyres is closely linked to their inflation pressure, the extension of the mandatory fitment to commercial vehicles of tyre pressure monitoring systems as defined in UNECE (United Nations Economic Commission for Europe) Regulation 64.02 should be considered and, if it is found to be appropriate, the functioning of such systems should be checked in the course of technical roadside inspections. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(11a)

(11a)

Since the proper performance of tyres is closely linked to their inflation pressure, the extension of the mandatory fitment to commercial vehicles of tyre pressure monitoring systems as defined in UNECE (United Nations Economic Commission for Europe) Regulation 64.02 should be considered and, if it is found to be appropriate, the functioning of such systems should be checked in the course of technical roadside inspections.

Since the proper performance of tyres is closely linked to their inflation pressure, the extension of the mandatory fitment to commercial vehicles of tyre pressure monitoring systems as defined in UNECE (United Nations Economic Commission for Europe) Regulation 64.02 should be considered and, if it is found to be appropriate, the functioning of such systems should be checked in the course of technical roadside inspections.

Amendment 11

Amendment 11

Proposal for a regulation

Proposal for a regulation

Recital 11 b (new)

Recital 11 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (11b) | Member States may check cargo securing during technical roadside inspections according to existing standards. The outcome of such checks should not be introduced into the risk rating system until the rules on cargo securing are harmonised at Union level. Pending such harmonisation, the use of the European standards and the European Best Practice Guidelines on Cargo Securing for Road Transport for assessment purposes should be encouraged. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(11b)

(11b)

Member States may check cargo securing during technical roadside inspections according to existing standards. The outcome of such checks should not be introduced into the risk rating system until the rules on cargo securing are harmonised at Union level. Pending such harmonisation, the use of the European standards and the European Best Practice Guidelines on Cargo Securing for Road Transport for assessment purposes should be encouraged.

Member States may check cargo securing during technical roadside inspections according to existing standards. The outcome of such checks should not be introduced into the risk rating system until the rules on cargo securing are harmonised at Union level. Pending such harmonisation, the use of the European standards and the European Best Practice Guidelines on Cargo Securing for Road Transport for assessment purposes should be encouraged.

Amendment 12

Amendment 12

Proposal for a regulation

Proposal for a regulation

Recital 12

Recital 12

| Text proposed by the Commission | Amendment |
| --- | --- |
| (12) | Reports of technical roadside inspections are in several Member States elaborated by electronic means. In such cases
  a
  print
  out
  of the inspection report should be
  handed over to the driver
  . All the data and information gathered during roadside inspections should be transferred to a common repository of the Member State in order that the data can be easier processed and information transfer can be performed without additional administrative burden. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(12)

Reports of technical roadside inspections are in several Member States elaborated by electronic means. In such cases
  a
  print
  out
  of the inspection report should be
  handed over to the driver
  . All the data and information gathered during roadside inspections should be transferred to a common repository of the Member State in order that the data can be easier processed and information transfer can be performed without additional administrative burden.

a

out

handed over to the driver

easier

| (12) | Reports of technical roadside inspections are in several Member States elaborated by electronic means. In such cases
  , it is important that full advantage be taken of the benefits of electronic communication, and recourse to
  print
  -outs
  of the inspection report should be
  minimised
  . All the data and information gathered during roadside inspections should be transferred to a common repository of the Member State in order that the data can be more easily processed and information transfer can be performed without
  any
  additional administrative burden. |
| --- | --- |

(12)

Reports of technical roadside inspections are in several Member States elaborated by electronic means. In such cases
  , it is important that full advantage be taken of the benefits of electronic communication, and recourse to
  print
  -outs
  of the inspection report should be
  minimised
  . All the data and information gathered during roadside inspections should be transferred to a common repository of the Member State in order that the data can be more easily processed and information transfer can be performed without
  any
  additional administrative burden.

, it is important that full advantage be taken of the benefits of electronic communication, and recourse to

-outs

minimised

more easily

any

Amendment 13

Amendment 13

Proposal for a regulation

Proposal for a regulation

Recital 13

Recital 13

| Text proposed by the Commission | Amendment |
| --- | --- |
| (13) | The use of mobile inspection units reduces the delay and costs for operators as more detailed inspections can be performed directly at the roadside. Testing centres may also
  be used in certain circumstances
  to carry out more detailed inspections. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(13)

The use of mobile inspection units reduces the delay and costs for operators as more detailed inspections can be performed directly at the roadside. Testing centres may also
  be used in certain circumstances
  to carry out more detailed inspections.

be used in certain circumstances

| (13) | The use of mobile inspection units reduces the delay and costs for operators as more detailed inspections can be performed directly at the roadside. Testing centres may also be used to carry out more detailed inspections
  when they are located nearby
  . |
| --- | --- |

(13)

The use of mobile inspection units reduces the delay and costs for operators as more detailed inspections can be performed directly at the roadside. Testing centres may also be used to carry out more detailed inspections
  when they are located nearby
  .

when they are located nearby

Amendment 14

Amendment 14

Proposal for a regulation

Proposal for a regulation

Recital 13 a (new)

Recital 13 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (13a) | Personnel performing initial roadside inspections should have the appropriate skills to carry out visual inspections in an efficient manner. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(13a)

(13a)

Personnel performing initial roadside inspections should have the appropriate skills to carry out visual inspections in an efficient manner.

Personnel performing initial roadside inspections should have the appropriate skills to carry out visual inspections in an efficient manner.

Amendment 15

Amendment 15

Proposal for a regulation

Proposal for a regulation

Recital 14 a (new)

Recital 14 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (14a) | No fee should be charged to undertakings or drivers for the performance of the initial technical roadside inspection. However, in order to mitigate the costs arising from the use of technical equipment for a more detailed roadside inspection either by mobile inspection unit or in a test centre located nearby, Member States should be able to charge a fee if major or dangerous deficiencies have been found indicating that the undertaking operating the vehicle has not complied with its responsibility to keep the vehicle in a roadworthy condition. In order to limit the financial burden for such undertakings, the amount of the fee should not exceed that payable for a periodic roadworthiness test for a vehicle of the same vehicle category. Any revenue or income derived from the charging of such fees should be used to enhance road safety. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(14a)

(14a)

No fee should be charged to undertakings or drivers for the performance of the initial technical roadside inspection. However, in order to mitigate the costs arising from the use of technical equipment for a more detailed roadside inspection either by mobile inspection unit or in a test centre located nearby, Member States should be able to charge a fee if major or dangerous deficiencies have been found indicating that the undertaking operating the vehicle has not complied with its responsibility to keep the vehicle in a roadworthy condition. In order to limit the financial burden for such undertakings, the amount of the fee should not exceed that payable for a periodic roadworthiness test for a vehicle of the same vehicle category. Any revenue or income derived from the charging of such fees should be used to enhance road safety.

No fee should be charged to undertakings or drivers for the performance of the initial technical roadside inspection. However, in order to mitigate the costs arising from the use of technical equipment for a more detailed roadside inspection either by mobile inspection unit or in a test centre located nearby, Member States should be able to charge a fee if major or dangerous deficiencies have been found indicating that the undertaking operating the vehicle has not complied with its responsibility to keep the vehicle in a roadworthy condition. In order to limit the financial burden for such undertakings, the amount of the fee should not exceed that payable for a periodic roadworthiness test for a vehicle of the same vehicle category. Any revenue or income derived from the charging of such fees should be used to enhance road safety.

Amendment 16

Amendment 16

Proposal for a regulation

Proposal for a regulation

Recital 16

Recital 16

| Text proposed by the Commission | Amendment |
| --- | --- |
| (16) | In order to ensure the efficient exchange of information between Member States, there should be within each Member State a single body acting as contact point for liaising with other relevant competent authorities. That body should also compile relevant statistics. Furthermore, Member States should apply a coherent national enforcement strategy on their territory and may designate a single body to coordinate its implementation. The competent authorities in each Member State should designate procedures setting out time limits and the contents of the information to be forwarded. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(16)

In order to ensure the efficient exchange of information between Member States, there should be within each Member State a single body acting as contact point for liaising with other relevant competent authorities. That body should also compile relevant statistics. Furthermore, Member States should apply a coherent national enforcement strategy on their territory and may designate a single body to coordinate its implementation. The competent authorities in each Member State should designate procedures setting out time limits and the contents of the information to be forwarded.

| (16) | In order to ensure the efficient exchange of information between Member States, there should be within each Member State a single body acting as contact point for liaising with other relevant competent authorities. That body should also compile relevant statistics
  , in particular in relation to the categories of commercial vehicles checked during technical roadside inspections, the number and type of deficiencies found, and their severity
  . Furthermore, Member States should apply a coherent national enforcement strategy on their territory and may designate a single body to coordinate its implementation. The competent authorities in each Member State should designate procedures setting out time limits and the contents of the information to be forwarded. |
| --- | --- |

(16)

In order to ensure the efficient exchange of information between Member States, there should be within each Member State a single body acting as contact point for liaising with other relevant competent authorities. That body should also compile relevant statistics
  , in particular in relation to the categories of commercial vehicles checked during technical roadside inspections, the number and type of deficiencies found, and their severity
  . Furthermore, Member States should apply a coherent national enforcement strategy on their territory and may designate a single body to coordinate its implementation. The competent authorities in each Member State should designate procedures setting out time limits and the contents of the information to be forwarded.

, in particular in relation to the categories of commercial vehicles checked during technical roadside inspections, the number and type of deficiencies found, and their severity

Amendment 17

Amendment 17

Proposal for a regulation

Proposal for a regulation

Recital 17

Recital 17

| Text proposed by the Commission | Amendment |
| --- | --- |
| (17) | In order to allow a monitoring of the roadside inspection regime implemented in the Union Member States should communicate
  on a biannual basis
  to the Commission the results of the roadside inspections performed. The Commission should report the data collected to the European Parliament. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(17)

In order to allow a monitoring of the roadside inspection regime implemented in the Union Member States should communicate
  on a biannual basis
  to the Commission the results of the roadside inspections performed. The Commission should report the data collected to the European Parliament.

on a biannual basis

| (17) | In order to allow a monitoring of the roadside inspection regime implemented in the Union Member States should communicate to the Commission
  , before 31 March of every second year,
  the results of the roadside inspections performed. The Commission should report the data collected to the European Parliament. |
| --- | --- |

(17)

In order to allow a monitoring of the roadside inspection regime implemented in the Union Member States should communicate to the Commission
  , before 31 March of every second year,
  the results of the roadside inspections performed. The Commission should report the data collected to the European Parliament.

, before 31 March of every second year,

Amendment 18

Amendment 18

Proposal for a regulation

Proposal for a regulation

Recital 17 a (new)

Recital 17 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (17a) | In order to minimise the time loss for undertakings and drivers and to increase overall efficiency, the performance of technical roadside inspections, along with inspections to check compliance with social legislation in the field of road transport, in particular Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport

   (2)

  , Directive 2006/22/EC and Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport

   (3)

  , should be encouraged. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(17a)

(17a)

In order to minimise the time loss for undertakings and drivers and to increase overall efficiency, the performance of technical roadside inspections, along with inspections to check compliance with social legislation in the field of road transport, in particular Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport

   (2)

  , Directive 2006/22/EC and Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport

   (3)

  , should be encouraged.

In order to minimise the time loss for undertakings and drivers and to increase overall efficiency, the performance of technical roadside inspections, along with inspections to check compliance with social legislation in the field of road transport, in particular Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport

2

, Directive 2006/22/EC and Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport

3

, should be encouraged.

Amendment 19

Amendment 19

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1

Article 1 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| This Regulation establishes a regime of roadside inspections of commercial vehicles circulating within the territory of the Member States. | 1.
     This Regulation establishes a regime of
  technical
  roadside inspections
  of the roadworthiness
  of commercial vehicles circulating within the territory of the Member States. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

This Regulation establishes a regime of roadside inspections of commercial vehicles circulating within the territory of the Member States.

1.
     This Regulation establishes a regime of
  technical
  roadside inspections
  of the roadworthiness
  of commercial vehicles circulating within the territory of the Member States.

1.

technical

of the roadworthiness

Amendment 20

Amendment 20

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 a (new)

Article 1 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  Technical roadside inspections shall be carried out without discrimination on grounds of the nationality of the driver or of the country of registration or entry into service of the commercial vehicle concerned. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1a.
     
  Technical roadside inspections shall be carried out without discrimination on grounds of the nationality of the driver or of the country of registration or entry into service of the commercial vehicle concerned.

1a.

Technical roadside inspections shall be carried out without discrimination on grounds of the nationality of the driver or of the country of registration or entry into service of the commercial vehicle concerned.

Amendment 75

Amendment 75

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1

Article 2 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   This Regulation shall apply to commercial vehicles with a design speed exceeding 25 km/h of the following categories, as defined in Directive 2007/46/EC
  of the European Parliament and the Council
  : | 1.   This Regulation shall apply to commercial vehicles with a design speed exceeding 25 km/h of the following categories, as defined in Directive 2007/46/EC
  and Directive 2003/37/EC
  : |
| — | motor vehicles used for the carriage of passengers and with more than eight seats, excluding the driver's seat — vehicle category M2 and M3, |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   This Regulation shall apply to commercial vehicles with a design speed exceeding 25 km/h of the following categories, as defined in Directive 2007/46/EC
  of the European Parliament and the Council
  :

of the European Parliament and the Council

1.   This Regulation shall apply to commercial vehicles with a design speed exceeding 25 km/h of the following categories, as defined in Directive 2007/46/EC
  and Directive 2003/37/EC
  :

and Directive 2003/37/EC

—

motor vehicles used for the carriage of passengers and with more than eight seats, excluding the driver's seat — vehicle category M2 and M3,

| — | motor vehicles
  and any attached trailer,
  used for the carriage of passengers and with more than eight seats, excluding the driver's seat — vehicle category M2 and M3, |
| --- | --- |

—

motor vehicles
  and any attached trailer,
  used for the carriage of passengers and with more than eight seats, excluding the driver's seat — vehicle category M2 and M3,

and any attached trailer,

| — | motor vehicles
  having at least four wheels, normally
  used for
  the road
  carriage of goods and
  with
  a maximum permissible mass not exceeding 3 500 kg — vehicle category N1, |
| --- | --- |

—

motor vehicles
  having at least four wheels, normally
  used for
  the road
  carriage of goods and
  with
  a maximum permissible mass not exceeding 3 500 kg — vehicle category N1,

having at least four wheels, normally

the road

with

| — | motor vehicles
  and any attached trailer
  used for carriage of goods and
  having
  a maximum permissible mass not exceeding 3 500 kg — vehicle category N1, |
| --- | --- |

—

motor vehicles
  and any attached trailer
  used for carriage of goods and
  having
  a maximum permissible mass not exceeding 3 500 kg — vehicle category N1,

and any attached trailer

having

| — | motor vehicles used for the carriage of goods and having a maximum permissible mass exceeding 3 500 kg — vehicle categories N2 and N3, |
| --- | --- |

—

motor vehicles used for the carriage of goods and having a maximum permissible mass exceeding 3 500 kg — vehicle categories N2 and N3,

| — | motor vehicles
  and any attached trailer
  used for the carriage of goods and having a maximum permissible mass exceeding 3 500 kg — vehicle categories N2 and N3, |
| --- | --- |

—

motor vehicles
  and any attached trailer
  used for the carriage of goods and having a maximum permissible mass exceeding 3 500 kg — vehicle categories N2 and N3,

and any attached trailer

| — | trailers and semi-trailers with a maximum permissible mass not exceeding 3 500 kg — vehicle categories O1 and O2, |
| --- | --- |

—

trailers and semi-trailers with a maximum permissible mass not exceeding 3 500 kg — vehicle categories O1 and O2,

trailers and semi-trailers with a maximum permissible mass not exceeding 3 500 kg — vehicle categories O1 and O2,

| — | trailers and semi-trailers with a maximum permissible mass exceeding 3 500 kg — vehicle categories O3 and O4. |
| --- | --- |

—

trailers and semi-trailers with a maximum permissible mass exceeding 3 500 kg — vehicle categories O3 and O4.

trailers and semi-trailers with a maximum permissible mass exceeding 3 500 kg — vehicle categories O3 and O4.

| — | wheeled tractors of category T5, the use of which mainly takes place on public roads for commercial road haulage purposes, with a maximum design speed exceeding 40 km/h. |
| --- | --- |

—

wheeled tractors of category T5, the use of which mainly takes place on public roads for commercial road haulage purposes, with a maximum design speed exceeding 40 km/h.

wheeled tractors of category T5, the use of which mainly takes place on public roads for commercial road haulage purposes, with a maximum design speed exceeding 40 km/h.

Amendment 28

Amendment 28

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1 — point 6

Article 3 — paragraph 1 — point 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| (6) | ‘commercial vehicle’ means a motor vehicle and its trailer intended for the transport of goods or passengers
  for professional purposes
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(6)

‘commercial vehicle’ means a motor vehicle and its trailer intended for the transport of goods or passengers
  for professional purposes
  ;

for professional purposes

| (6) | ‘commercial vehicle’ means a motor vehicle and its trailer intended for the transport of goods or passengers
  for the carriage of goods by road in vehicles for reward; |
| --- | --- |

(6)

‘commercial vehicle’ means a motor vehicle and its trailer intended for the transport of goods or passengers
  for the carriage of goods by road in vehicles for reward;

for the carriage of goods by road in vehicles for reward;

Amendment 29

Amendment 29

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1 — point 9

Article 3 — paragraph 1 — point 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| (9) | ‘roadside inspection’ means an unexpected inspection of the roadworthiness of a commercial vehicle circulating on roads open to public traffic within the territory of a Member State carried out by the authorities, or under their direct supervision; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(9)

‘roadside inspection’ means an unexpected inspection of the roadworthiness of a commercial vehicle circulating on roads open to public traffic within the territory of a Member State carried out by the authorities, or under their direct supervision;

| (9) | ‘
  technical
  roadside inspection’ means an unexpected inspection of the roadworthiness of a commercial vehicle
  , and of the securing of its cargo, whilst that vehicle is
  circulating on roads open to public traffic within the territory of a Member State carried out by the authorities, or under their direct supervision; |
| --- | --- |

(9)

‘
  technical
  roadside inspection’ means an unexpected inspection of the roadworthiness of a commercial vehicle
  , and of the securing of its cargo, whilst that vehicle is
  circulating on roads open to public traffic within the territory of a Member State carried out by the authorities, or under their direct supervision;

technical

, and of the securing of its cargo, whilst that vehicle is

Amendment 30

Amendment 30

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1 — point 10

Article 3 — paragraph 1 — point 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| (10) | ‘roadworthiness test’ means
  a verification that the parts and components of
  a vehicle
  comply with its
  safety and environmental characteristics at the time of approval, first registration or entry into service, or at the time of retrofitting; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(10)

‘roadworthiness test’ means
  a verification that the parts and components of
  a vehicle
  comply with its
  safety and environmental characteristics at the time of approval, first registration or entry into service, or at the time of retrofitting;

a verification that the parts and components of

comply with its

| (10) | ‘roadworthiness test’ means
  an inspection to ensure that
  a vehicle
  is safe to be used on public roads and complies with required
  safety and environmental characteristics at the time of approval, first registration or entry into service, or at the time of retrofitting; |
| --- | --- |

(10)

‘roadworthiness test’ means
  an inspection to ensure that
  a vehicle
  is safe to be used on public roads and complies with required
  safety and environmental characteristics at the time of approval, first registration or entry into service, or at the time of retrofitting;

an inspection to ensure that

is safe to be used on public roads and complies with required

Amendment 31

Amendment 31

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1 — point 11

Article 3 — paragraph 1 — point 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| (11) | ‘competent authority’ means an authority or public body
  responsible
  for managing the
  national
  system of roadside inspections. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(11)

‘competent authority’ means an authority or public body
  responsible
  for managing the
  national
  system of roadside inspections.

responsible

national

| (11) | ‘competent authority’ means an authority or public body
  entrusted by the Member State with responsibility
  for managing the system of roadside inspections
  , including where appropriate the carrying-out of technical roadside inspections; |
| --- | --- |

(11)

‘competent authority’ means an authority or public body
  entrusted by the Member State with responsibility
  for managing the system of roadside inspections
  , including where appropriate the carrying-out of technical roadside inspections;

entrusted by the Member State with responsibility

, including where appropriate the carrying-out of technical roadside inspections;

Amendment 32

Amendment 32

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1 — point 12 a (new)

Article 3 — paragraph 1 — point 12 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (12a) | ‘undertaking’ means any natural or legal person, association or group of persons without legal personality, whether profit-making or not, or any official body, whether it has its own legal personality or is dependent on an authority with legal personality, which engages in carriage by road, whether for hire or reward, or for its own account; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(12a)

(12a)

‘undertaking’ means any natural or legal person, association or group of persons without legal personality, whether profit-making or not, or any official body, whether it has its own legal personality or is dependent on an authority with legal personality, which engages in carriage by road, whether for hire or reward, or for its own account;

Amendment 33

Amendment 33

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1 — point 14 a (new)

Article 3 — paragraph 1 — point 14 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (14a) | ‘vehicle safety inspection’ means a visual inspection, a performance test and a functional check of a commercial vehicle’s chassis/frame, coupling devices, steering, tyres, wheels and braking equipment; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(14a)

(14a)

‘vehicle safety inspection’ means a visual inspection, a performance test and a functional check of a commercial vehicle’s chassis/frame, coupling devices, steering, tyres, wheels and braking equipment;

Amendment 34

Amendment 34

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1 — point 14 b (new)

Article 3 — paragraph 1 — point 14 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (14b) | ‘testing centre’ means a public or private body or establishment authorised by a Member State to carry out roadworthiness tests; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(14b)

(14b)

‘testing centre’ means a public or private body or establishment authorised by a Member State to carry out roadworthiness tests;

Amendment 35

Amendment 35

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1 — point 14 c (new)

Article 3 — paragraph 1 — point 14 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (14c) | ‘operator’ means an individual or legal entity which operates the vehicle as its owner or is authorised to operate the vehicle by its owner. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(14c)

(14c)

‘operator’ means an individual or legal entity which operates the vehicle as its owner or is authorised to operate the vehicle by its owner.

Amendment 37

Amendment 37

Proposal for a regulation

Proposal for a regulation

Article 5

Article 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| Each Member State shall carry out in every calendar year
  a total
  number of initial roadside inspections
  , corresponding
  to at least 5 % of the total number of vehicles referred to in Article
  3(1)
  that are registered in its territory. | Each Member State shall carry out in every calendar year
  an appropriate
  number of initial roadside inspections. |
| | The total number of initial roadside inspections shall correspond
  to at least 5 % of the total number of
  the following commercial
  vehicles referred to in Article
  2(1)
  that are registered in its territory: |
| | — | motor vehicles used for the carriage of passengers and with more than eight seats, excluding the driver’s seat — vehicle category M2 and M3, |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Each Member State shall carry out in every calendar year
  a total
  number of initial roadside inspections
  , corresponding
  to at least 5 % of the total number of vehicles referred to in Article
  3(1)
  that are registered in its territory.

a total

, corresponding

3(1)

Each Member State shall carry out in every calendar year
  an appropriate
  number of initial roadside inspections.

an appropriate

The total number of initial roadside inspections shall correspond
  to at least 5 % of the total number of
  the following commercial
  vehicles referred to in Article
  2(1)
  that are registered in its territory:

The total number of initial roadside inspections shall correspond

the following commercial

2(1)

—

motor vehicles used for the carriage of passengers and with more than eight seats, excluding the driver’s seat — vehicle category M2 and M3,

motor vehicles used for the carriage of passengers and with more than eight seats, excluding the driver’s seat — vehicle category M2 and M3,

| — | motor vehicles used for the carriage of goods and having a maximum permissible mass exceeding 3 500 kg — vehicle categories N2 and N3, |
| --- | --- |

—

motor vehicles used for the carriage of goods and having a maximum permissible mass exceeding 3 500 kg — vehicle categories N2 and N3,

motor vehicles used for the carriage of goods and having a maximum permissible mass exceeding 3 500 kg — vehicle categories N2 and N3,

| — | trailers and semi-trailers with a maximum permissible mass exceeding 3 500 kg — vehicle categories O3 and O4. |
| --- | --- |

—

trailers and semi-trailers with a maximum permissible mass exceeding 3 500 kg — vehicle categories O3 and O4.

trailers and semi-trailers with a maximum permissible mass exceeding 3 500 kg — vehicle categories O3 and O4.

At least 5 % of commercial vehicles that are not registered in its territory but operating there shall be proportionally checked.

At least 5 % of commercial vehicles that are not registered in its territory but operating there shall be proportionally checked.

Amendment 76

Amendment 76

Proposal for a regulation

Proposal for a regulation

Article 6

Article 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   A roadside inspections risk rating system based on the number and severity of deficiencies found on vehicles
  operated by individual undertakings
  shall be introduced at
  national
  level. The risk rating system shall be operated by the competent authority
  of the Member State
  . | 1.   
  In order to improve the efficiency of technical roadside inspections,
  a roadside inspections risk rating system based on the number and severity of deficiencies found on
  commercial
  vehicles
  during periodic roadworthiness tests and technical roadside inspections
  shall be introduced at
  Union
  level. The risk rating system shall be
  based on a national electronic register interconnected throughout the Union and
  operated by the competent authority
  in each Member State. |
| | Three years after the entry into force of Regulation XX of the European Parliament and of the Council on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC, roadworthiness certificates and roadside inspection reports shall comply with a standard European Union form
  . |
| 2.   A risk profile shall be attributed to each undertaking identified in the
  roadside inspections
  risk rating system using the criteria
  set out in
  Annex I. | 2.   
  After the date referred to in paragraph 1,
  a risk profile shall be attributed to each undertaking identified in the risk rating system using the
  following
  criteria
  in accordance with
  Annex I: |
| | — | number of deficiencies; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   A roadside inspections risk rating system based on the number and severity of deficiencies found on vehicles
  operated by individual undertakings
  shall be introduced at
  national
  level. The risk rating system shall be operated by the competent authority
  of the Member State
  .

operated by individual undertakings

national

of the Member State

1.   
  In order to improve the efficiency of technical roadside inspections,
  a roadside inspections risk rating system based on the number and severity of deficiencies found on
  commercial
  vehicles
  during periodic roadworthiness tests and technical roadside inspections
  shall be introduced at
  Union
  level. The risk rating system shall be
  based on a national electronic register interconnected throughout the Union and
  operated by the competent authority
  in each Member State.

In order to improve the efficiency of technical roadside inspections,

commercial

during periodic roadworthiness tests and technical roadside inspections

Union

based on a national electronic register interconnected throughout the Union and

in each Member State.

Three years after the entry into force of Regulation XX of the European Parliament and of the Council on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC, roadworthiness certificates and roadside inspection reports shall comply with a standard European Union form
  .

Three years after the entry into force of Regulation XX of the European Parliament and of the Council on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC, roadworthiness certificates and roadside inspection reports shall comply with a standard European Union form

2.   A risk profile shall be attributed to each undertaking identified in the
  roadside inspections
  risk rating system using the criteria
  set out in
  Annex I.

roadside inspections

set out in

2.   
  After the date referred to in paragraph 1,
  a risk profile shall be attributed to each undertaking identified in the risk rating system using the
  following
  criteria
  in accordance with
  Annex I:

After the date referred to in paragraph 1,

following

in accordance with

—

number of deficiencies;

number of deficiencies;

| — | severity of deficiencies; |
| --- | --- |

—

severity of deficiencies;

severity of deficiencies;

| — | number of inspections or tests; |
| --- | --- |

—

number of inspections or tests;

number of inspections or tests;

| — | time factor. |
| --- | --- |

—

time factor.

time factor.

Undertakings shall be classified according to the following risk profile:

Undertakings shall be classified according to the following risk profile:

| — | high risk, |
| --- | --- |

—

high risk,

| — | high risk, |
| --- | --- |

—

high risk,

| — | medium risk, |
| --- | --- |

—

medium risk,

| — | medium risk, |
| --- | --- |

—

medium risk,

| — | low risk. |
| --- | --- |

—

low risk.

| — | low risk. |
| --- | --- |

—

low risk.

In order to allow undertakings to improve their risk profile, information on compliance with roadworthiness requirements from voluntary regular vehicle safety inspections by undertakings carried out in line with the following frequencies shall be taken into account when establishing the risk rating of an undertaking:

In order to allow undertakings to improve their risk profile, information on compliance with roadworthiness requirements from voluntary regular vehicle safety inspections by undertakings carried out in line with the following frequencies shall be taken into account when establishing the risk rating of an undertaking:

| — | Category N2 vehicles with a maximum permissible mass exceeding 7,5 tonnes: initially, 42 months after the date of first registration and, thereafter, every six months after the last roadworthiness test; |
| --- | --- |

—

Category N2 vehicles with a maximum permissible mass exceeding 7,5 tonnes: initially, 42 months after the date of first registration and, thereafter, every six months after the last roadworthiness test;

Category N2 vehicles with a maximum permissible mass exceeding 7,5 tonnes: initially, 42 months after the date of first registration and, thereafter, every six months after the last roadworthiness test;

| — | Category N3 vehicles: initially, 30 months after the date of first registration and, thereafter, every six months after the last roadworthiness test; |
| --- | --- |

—

Category N3 vehicles: initially, 30 months after the date of first registration and, thereafter, every six months after the last roadworthiness test;

Category N3 vehicles: initially, 30 months after the date of first registration and, thereafter, every six months after the last roadworthiness test;

| — | Category O4 vehicles: initially, 30 months after the date of first registration and, thereafter, every six months after the last roadworthiness test. |
| --- | --- |

—

Category O4 vehicles: initially, 30 months after the date of first registration and, thereafter, every six months after the last roadworthiness test.

Category O4 vehicles: initially, 30 months after the date of first registration and, thereafter, every six months after the last roadworthiness test.

3.   With a view to
  implement
  the roadside inspections risk rating system, Member States
  may
  use the risk rating system established
  in accordance with Article 9 of Directive 2006/22/EC of the European Parliament and the Council
  .

implement

may

in accordance with Article 9 of Directive 2006/22/EC of the European Parliament and the Council

3.   With a view to
  implementing
  the roadside inspections risk rating system, Member States
  shall
  use the risk rating system established
  by Regulation (EC) No 1071/2009.

implementing

shall

by Regulation (EC) No 1071/2009.

The risk rating system shall contain the information on roadworthiness of vehicles referred to in Article 2 four years after the entry into force of this Regulation
  .

The risk rating system shall contain the information on roadworthiness of vehicles referred to in Article 2 four years after the entry into force of this Regulation

Amendment 39

Amendment 39

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 1

Article 7 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Drivers of a vehicle registered in a Member State shall keep on board the roadworthiness certificate corresponding to the latest roadworthiness test and the report of the last roadside inspection, when they are available. | 1.   Drivers of a vehicle registered in a Member State shall keep on board the roadworthiness certificate corresponding to the latest roadworthiness test and the report of the last roadside inspection, when they are available.
  If the certificate and the report are available electronically in the Member State of the vehicle, the authorities cannot ask for paper copies to be kept onboard. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Drivers of a vehicle registered in a Member State shall keep on board the roadworthiness certificate corresponding to the latest roadworthiness test and the report of the last roadside inspection, when they are available.

1.   Drivers of a vehicle registered in a Member State shall keep on board the roadworthiness certificate corresponding to the latest roadworthiness test and the report of the last roadside inspection, when they are available.
  If the certificate and the report are available electronically in the Member State of the vehicle, the authorities cannot ask for paper copies to be kept onboard.

If the certificate and the report are available electronically in the Member State of the vehicle, the authorities cannot ask for paper copies to be kept onboard.

Amendment 40

Amendment 40

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 3

Article 7 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   
  Individual
  undertakings shall ensure that the vehicles which they operate are in a good roadworthy condition at all times. | 3.   Undertakings
  that operate vehicles which fall within the scope of this Regulation
  shall ensure that the vehicles which they operate are in good roadworthy condition at all times
  and that the original or a certified copy of the roadworthiness certificate and a proof of test issued pursuant to Article 10 of Regulation XX [on periodic roadworthiness tests] in respect of the most recent roadworthiness test is kept on board
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   
  Individual
  undertakings shall ensure that the vehicles which they operate are in a good roadworthy condition at all times.

Individual

3.   Undertakings
  that operate vehicles which fall within the scope of this Regulation
  shall ensure that the vehicles which they operate are in good roadworthy condition at all times
  and that the original or a certified copy of the roadworthiness certificate and a proof of test issued pursuant to Article 10 of Regulation XX [on periodic roadworthiness tests] in respect of the most recent roadworthiness test is kept on board
  .

that operate vehicles which fall within the scope of this Regulation

and that the original or a certified copy of the roadworthiness certificate and a proof of test issued pursuant to Article 10 of Regulation XX [on periodic roadworthiness tests] in respect of the most recent roadworthiness test is kept on board

Amendment 41

Amendment 41

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 3

Article 7 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Individual undertakings shall ensure that the vehicles which they operate are in a good roadworthy condition at all times. | (Does not affect the English version) |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Individual undertakings shall ensure that the vehicles which they operate are in a good roadworthy condition at all times.

(Does not affect the English version)

(Does not affect the English version)

Amendment 42

Amendment 42

Proposal for a regulation

Proposal for a regulation

Article 9

Article 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| When identifying vehicles to be subject to a roadside inspection, inspectors
  shall
  select as a priority vehicles operated by undertakings with a high-risk profile as referred to in Article 6(2). Other vehicles may be selected for inspection when there is a suspicion that the vehicle presents a risk to road safety. | When identifying vehicles to be subject to a roadside inspection, inspectors
  may, if the Member State so decides,
  select as a priority vehicles operated by undertakings with a high risk profile as referred to in Article 6(2). Other vehicles may be selected for inspection when there is a suspicion that the vehicle presents a risk to road safety. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

When identifying vehicles to be subject to a roadside inspection, inspectors
  shall
  select as a priority vehicles operated by undertakings with a high-risk profile as referred to in Article 6(2). Other vehicles may be selected for inspection when there is a suspicion that the vehicle presents a risk to road safety.

shall

When identifying vehicles to be subject to a roadside inspection, inspectors
  may, if the Member State so decides,
  select as a priority vehicles operated by undertakings with a high risk profile as referred to in Article 6(2). Other vehicles may be selected for inspection when there is a suspicion that the vehicle presents a risk to road safety.

may, if the Member State so decides,

Amendment 43

Amendment 43

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 1 — subparagraph 2

Article 10 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| On each initial inspection of a vehicles, the inspector
  shall
  : | On each initial inspection of a vehicles, the inspector: |
| (a) | check the roadworthiness certificate and roadside inspection report
  , where available
  , kept on board in accordance with Article 7(1); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

On each initial inspection of a vehicles, the inspector
  shall
  :

shall

On each initial inspection of a vehicles, the inspector:

(a)

check the roadworthiness certificate and roadside inspection report
  , where available
  , kept on board in accordance with Article 7(1);

, where available

| (a) | shall
  check the roadworthiness certificate
  corresponding to the most recent roadworthiness test, the proof of test issued pursuant to Article 10 of Regulation XX [on periodic roadworthiness tests]
  and
  , where available, the latest
  roadside inspection report, kept on board in accordance with Article 7(1); |
| --- | --- |

(a)

shall
  check the roadworthiness certificate
  corresponding to the most recent roadworthiness test, the proof of test issued pursuant to Article 10 of Regulation XX [on periodic roadworthiness tests]
  and
  , where available, the latest
  roadside inspection report, kept on board in accordance with Article 7(1);

shall

corresponding to the most recent roadworthiness test, the proof of test issued pursuant to Article 10 of Regulation XX [on periodic roadworthiness tests]

, where available, the latest

| (b) | carry out a visual assessment of the condition of the vehicle
  and of its cargo. |
| --- | --- |

(b)

carry out a visual assessment of the condition of the vehicle
  and of its cargo.

and of its cargo.

| (b) | shall
  carry out a visual assessment of the
  technical
  condition of the vehicle; |
| --- | --- |

(b)

shall
  carry out a visual assessment of the
  technical
  condition of the vehicle;

shall

technical

Amendment 44

Amendment 44

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 1 — subparagraph 2 — point b a (new)

Article 10 — paragraph 1 — subparagraph 2 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | may carry out a compliance check in respect of any other regulatory requirement pertaining to the operation of a commercial vehicle within the Union. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

may carry out a compliance check in respect of any other regulatory requirement pertaining to the operation of a commercial vehicle within the Union.

may carry out a compliance check in respect of any other regulatory requirement pertaining to the operation of a commercial vehicle within the Union.

Amendment 45

Amendment 45

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 2 — subparagraph 2 — indent 2 a (new)

Article 10 — paragraph 2 — subparagraph 2 — indent 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | — | chassis/frame, |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

—

chassis/frame,

chassis/frame,

Amendment 46

Amendment 46

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 2 — subparagraph 2 — indent 3

Article 10 — paragraph 2 — subparagraph 2 — indent 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| — | axles
  , wheels tyres
  and suspension. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

—

axles
  , wheels tyres
  and suspension.

axles

and suspension.

| — | wheels
  and
  tyres, |
| --- | --- |

—

wheels
  and
  tyres,

and

Amendment 47

Amendment 47

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 2 — subparagraph 2 — indent 3 a (new)

Article 10 — paragraph 2 — subparagraph 2 — indent 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | — | coupling equipment, |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

—

coupling equipment,

coupling equipment,

Amendment 48

Amendment 48

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 2 — subparagraph 2 — indent 4

Article 10 — paragraph 2 — subparagraph 2 — indent 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| — | nuisance. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

—

nuisance.

| — | nuisance
  : noise and exhaust fumes
  . |
| --- | --- |

—

nuisance
  : noise and exhaust fumes
  .

: noise and exhaust fumes

Amendment 49

Amendment 49

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 2 — subparagraph 3

Article 10 — paragraph 2 — subparagraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| The inspection of each of these areas shall cover
  one, several or all of
  the items listed in Annex II and relevant to these areas. | The inspection of each of those areas shall cover
  all
  the items listed in Annex II
  that are considered necessary
  and relevant to those areas. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The inspection of each of these areas shall cover
  one, several or all of
  the items listed in Annex II and relevant to these areas.

these

one, several or all of

these

The inspection of each of those areas shall cover
  all
  the items listed in Annex II
  that are considered necessary
  and relevant to those areas.

those

all

that are considered necessary

those

Amendment 50

Amendment 50

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 2 — subparagraph 4

Article 10 — paragraph 2 — subparagraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| In addition, the inspector may check other areas of inspection listed in Annex II point 1

  and
  covering
  one, several or all of
  the items listed in this Annex. | In addition,
  and whenever necessary due to a potential safety risk,
  the inspector may check other areas of inspection listed in part 1 of Annex II covering
  all
  the items listed in that Annex
  that are considered necessary and relevant to those areas
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

In addition, the inspector may check other areas of inspection listed in Annex II point 1

  and
  covering
  one, several or all of
  the items listed in this Annex.

point 1

and

one, several or all of

this

In addition,
  and whenever necessary due to a potential safety risk,
  the inspector may check other areas of inspection listed in part 1 of Annex II covering
  all
  the items listed in that Annex
  that are considered necessary and relevant to those areas
  .

and whenever necessary due to a potential safety risk,

part 1 of

all

that

that are considered necessary and relevant to those areas

Amendment 77

Amendment 77

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 2 — subparagraph 5

Article 10 — paragraph 2 — subparagraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where the roadworthiness certificate or a roadside inspection report demonstrates that an inspection of one of the items listed in Annex II, , has been carried out in the course of the preceding
  month
  , the inspector shall not check
  this
  item, except where justified on the grounds of an obvious deficiency. | Where the roadworthiness certificate
  corresponding to the most recent roadworthiness test, voluntary regular vehicle safety inspection
  or a roadside inspection report demonstrates that an inspection of one of the items listed in Annex II has been carried out in the course of the preceding
  three months
  , the inspector shall not check
  that
  item, except where
  such inspection is
  justified on the grounds of an obvious deficiency. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Where the roadworthiness certificate or a roadside inspection report demonstrates that an inspection of one of the items listed in Annex II, , has been carried out in the course of the preceding
  month
  , the inspector shall not check
  this
  item, except where justified on the grounds of an obvious deficiency.

, ,

month

this

Where the roadworthiness certificate
  corresponding to the most recent roadworthiness test, voluntary regular vehicle safety inspection
  or a roadside inspection report demonstrates that an inspection of one of the items listed in Annex II has been carried out in the course of the preceding
  three months
  , the inspector shall not check
  that
  item, except where
  such inspection is
  justified on the grounds of an obvious deficiency.

corresponding to the most recent roadworthiness test, voluntary regular vehicle safety inspection

three months

that

such inspection is

Amendment 52

Amendment 52

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 2

Article 11 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Where the inspections are to be carried out in a testing centre,
  the place of the initial roadside inspection shall not be fixed more than 10 km away from this
  centre. | 2.   Where the inspections are to be carried out in a testing centre,
  they must be carried as soon as possible out in the nearest
  centre. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Where the inspections are to be carried out in a testing centre,
  the place of the initial roadside inspection shall not be fixed more than 10 km away from this
  centre.

the place of the initial roadside inspection shall not be fixed more than 10 km away from this

2.   Where the inspections are to be carried out in a testing centre,
  they must be carried as soon as possible out in the nearest
  centre.

they must be carried as soon as possible out in the nearest

Amendment 53

Amendment 53

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 3

Article 11 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Mobile inspection units shall include appropriate equipment for carrying out a roadside inspection, including at least the equipment necessary to assess the condition of the brakes, steering, suspension
  and
  emissions of the vehicle. | 3.   Mobile inspection units shall include appropriate equipment for carrying out a roadside inspection, including at least the equipment necessary to assess the condition of the brakes, steering, suspension, emissions
  and weight
  of the vehicle. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Mobile inspection units shall include appropriate equipment for carrying out a roadside inspection, including at least the equipment necessary to assess the condition of the brakes, steering, suspension
  and
  emissions of the vehicle.

and

3.   Mobile inspection units shall include appropriate equipment for carrying out a roadside inspection, including at least the equipment necessary to assess the condition of the brakes, steering, suspension, emissions
  and weight
  of the vehicle.

and weight

Amendment 54

Amendment 54

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 2 — indent 3

Article 12 — paragraph 2 — indent 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| — | dangerous deficiencies that constitute a direct and immediate risk to road safety
  such that
  the vehicle
  may not be used
  on the road
  under any circumstances
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

—

dangerous deficiencies that constitute a direct and immediate risk to road safety
  such that
  the vehicle
  may not be used
  on the road
  under any circumstances
  .

such that

may not be used

under any circumstances

| — | dangerous deficiencies that constitute a direct and immediate risk to road safety
  justifying the Member State concerned or its competent authorities banning
  the vehicle
  from use
  on the road. |
| --- | --- |

—

dangerous deficiencies that constitute a direct and immediate risk to road safety
  justifying the Member State concerned or its competent authorities banning
  the vehicle
  from use
  on the road.

justifying the Member State concerned or its competent authorities banning

from use

Amendment 55

Amendment 55

Proposal for a regulation

Proposal for a regulation

Article 13

Article 13

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 13 | Article 13 |
| Specific rules concerning the inspection
  of cargo securing | Inspection
  of cargo securing |
| The inspector
  may subject a vehicle to an inspection of the cargo securing in accordance with
  Annex IV. The follow-up procedures referred to in Article 14 shall also apply in case of major or dangerous deficiencies related to cargo securing
  . | Inspectors
  may subject a vehicle to an inspection of the cargo securing in accordance with
  existing standards. The outcome of such an inspection shall not be introduced into the risk rating system until the rules on cargo securing are harmonised at Union level. |
| | By ...[align to date in Article 18a of the proposal for a Regulation on periodic roadworthiness tests], the Commission shall submit to the European Parliament and to the Council a report on the level of harmonisation in the area of cargo securing in road transport, the checking thereof at the roadside and the result of an analysis of methods to ensure that undertakings operating the vehicle, consignors, freight forwarders, loaders and other relevant operators involved in the handling of cargo are complying with cargo securing requirements. |
| | The report shall be accompanied, if appropriate, by a legislative proposal. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 13

Article 13

Specific rules concerning the inspection
  of cargo securing

Specific rules concerning the inspection

Inspection
  of cargo securing

Inspection

The inspector
  may subject a vehicle to an inspection of the cargo securing in accordance with
  Annex IV. The follow-up procedures referred to in Article 14 shall also apply in case of major or dangerous deficiencies related to cargo securing
  .

The inspector

Annex IV. The follow-up procedures referred to in Article 14 shall also apply in case of major or dangerous deficiencies related to cargo securing

Inspectors
  may subject a vehicle to an inspection of the cargo securing in accordance with
  existing standards. The outcome of such an inspection shall not be introduced into the risk rating system until the rules on cargo securing are harmonised at Union level.

Inspectors

existing standards. The outcome of such an inspection shall not be introduced into the risk rating system until the rules on cargo securing are harmonised at Union level.

By ...[align to date in Article 18a of the proposal for a Regulation on periodic roadworthiness tests], the Commission shall submit to the European Parliament and to the Council a report on the level of harmonisation in the area of cargo securing in road transport, the checking thereof at the roadside and the result of an analysis of methods to ensure that undertakings operating the vehicle, consignors, freight forwarders, loaders and other relevant operators involved in the handling of cargo are complying with cargo securing requirements.

By ...[align to date in Article 18a of the proposal for a Regulation on periodic roadworthiness tests], the Commission shall submit to the European Parliament and to the Council a report on the level of harmonisation in the area of cargo securing in road transport, the checking thereof at the roadside and the result of an analysis of methods to ensure that undertakings operating the vehicle, consignors, freight forwarders, loaders and other relevant operators involved in the handling of cargo are complying with cargo securing requirements.

The report shall be accompanied, if appropriate, by a legislative proposal.

The report shall be accompanied, if appropriate, by a legislative proposal.

Amendment 56

Amendment 56

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 1

Article 14 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Any major deficiency revealed by an initial or a more detailed inspection shall be rectified without delay and in
  the vicinity of the
  inspection
  spot
  . | 1.   Any major deficiency revealed by an initial or a more detailed inspection shall be rectified without delay and in
  a location with the requisite equipment as close as possible to the place in which the initial or more detailed
  inspection
  was carried out
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Any major deficiency revealed by an initial or a more detailed inspection shall be rectified without delay and in
  the vicinity of the
  inspection
  spot
  .

the vicinity of the

spot

1.   Any major deficiency revealed by an initial or a more detailed inspection shall be rectified without delay and in
  a location with the requisite equipment as close as possible to the place in which the initial or more detailed
  inspection
  was carried out
  .

a location with the requisite equipment as close as possible to the place in which the initial or more detailed

was carried out

Amendment 57

Amendment 57

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 3 — subparagraph 1

Article 14 — paragraph 3 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The inspector shall not authorise a vehicle classified with dangerous deficiencies, to be used until such deficiencies have been rectified on the spot
  of
  the inspection.
  The inspector may
  authorise
  such a
  vehicle to be used in order to reach the closest workshop where those deficiencies can be rectified, on
  the
  condition that the dangerous deficiencies have been fixed in such a way as to allow it to reach this workshop and that there is no immediate risk to the safety of
  its
  occupants or other road users. | 3.   The inspector shall not authorise a vehicle classified with dangerous deficiencies to be used until such deficiencies have been rectified on the spot
  where
  the inspection
  took place or at one of the closest workshops
  .
  If deficiencies are detected in areas of a vehicle that are referred to in Article 10(2), the inspector shall
  authorise
  the
  vehicle to be used in order to reach the closest workshop where those deficiencies can be rectified, on condition that the dangerous deficiencies have been fixed in such a way as to allow it to reach that workshop and that there is no immediate risk to the safety of occupants
  of the vehicle
  or other road users. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The inspector shall not authorise a vehicle classified with dangerous deficiencies, to be used until such deficiencies have been rectified on the spot
  of
  the inspection.
  The inspector may
  authorise
  such a
  vehicle to be used in order to reach the closest workshop where those deficiencies can be rectified, on
  the
  condition that the dangerous deficiencies have been fixed in such a way as to allow it to reach this workshop and that there is no immediate risk to the safety of
  its
  occupants or other road users.

of

The inspector may

such a

the

this

its

3.   The inspector shall not authorise a vehicle classified with dangerous deficiencies to be used until such deficiencies have been rectified on the spot
  where
  the inspection
  took place or at one of the closest workshops
  .
  If deficiencies are detected in areas of a vehicle that are referred to in Article 10(2), the inspector shall
  authorise
  the
  vehicle to be used in order to reach the closest workshop where those deficiencies can be rectified, on condition that the dangerous deficiencies have been fixed in such a way as to allow it to reach that workshop and that there is no immediate risk to the safety of occupants
  of the vehicle
  or other road users.

where

took place or at one of the closest workshops

If deficiencies are detected in areas of a vehicle that are referred to in Article 10(2), the inspector shall

the

that

of the vehicle

Amendment 58

Amendment 58

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 3 — subparagraph 2

Article 14 — paragraph 3 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The inspector may authorise the vehicle classified with dangerous deficiencies to be brought directly to the closest location where
  this vehicle
  can be repaired or impounded. | The inspector may authorise the vehicle classified with dangerous deficiencies to be brought directly to the closest
  available
  location where
  it
  can be repaired or impounded. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The inspector may authorise the vehicle classified with dangerous deficiencies to be brought directly to the closest location where
  this vehicle
  can be repaired or impounded.

this vehicle

The inspector may authorise the vehicle classified with dangerous deficiencies to be brought directly to the closest
  available
  location where
  it
  can be repaired or impounded.

available

it

Amendment 59

Amendment 59

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 2

Article 16 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The inspector shall communicate to the competent authority the results of the more detailed roadside inspections within a reasonable time limit following these inspections. The competent authority shall keep
  this information
  for 36 months from the date of its
  reception
  . | 2.   The inspector shall communicate
  electronically
  to the competent authority the results of the more detailed roadside inspections within a reasonable time following those inspections. The competent authority
  shall introduce that information in the national register referred to in Regulation (EC) No 1071/2009 and
  shall keep
  it
  for 36 months from the date of its
  receipt
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The inspector shall communicate to the competent authority the results of the more detailed roadside inspections within a reasonable time limit following these inspections. The competent authority shall keep
  this information
  for 36 months from the date of its
  reception
  .

limit

these

this information

reception

2.   The inspector shall communicate
  electronically
  to the competent authority the results of the more detailed roadside inspections within a reasonable time following those inspections. The competent authority
  shall introduce that information in the national register referred to in Regulation (EC) No 1071/2009 and
  shall keep
  it
  for 36 months from the date of its
  receipt
  .

electronically

those

shall introduce that information in the national register referred to in Regulation (EC) No 1071/2009 and

it

receipt

Amendment 60

Amendment 60

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 3

Article 16 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The results of the roadside inspection shall be communicated to the registration authority of the vehicle. | 3.   The results of the roadside inspection shall be communicated
  electronically
  to the registration authority of the vehicle
  , to the owner of the vehicle and, in the case of vehicles registered in another Member State, through the use of ERRU, as provided for in Regulation (EC) No 1071/2009. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The results of the roadside inspection shall be communicated to the registration authority of the vehicle.

3.   The results of the roadside inspection shall be communicated
  electronically
  to the registration authority of the vehicle
  , to the owner of the vehicle and, in the case of vehicles registered in another Member State, through the use of ERRU, as provided for in Regulation (EC) No 1071/2009.

electronically

, to the owner of the vehicle and, in the case of vehicles registered in another Member State, through the use of ERRU, as provided for in Regulation (EC) No 1071/2009.

Amendment 61

Amendment 61

Proposal for a regulation

Proposal for a regulation

Article 18 — paragraph 1

Article 18 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   When major or dangerous deficiencies, in particular those resulting in a prohibition to use the vehicle, are found in a vehicle not registered in the Member State of inspection, the contact point shall inform the competent authority of the Member State of registration of the vehicle of the results of this inspection | 1.   When major or dangerous deficiencies, in particular those resulting in a prohibition to use the vehicle, are found in a vehicle not registered in the Member State of inspection, the contact point shall inform the competent authority of the Member State of registration of the vehicle of the results of that inspection. |
| | The Member State of registration shall take that information into account when classifying undertakings pursuant to Article 6(2). |
| This information shall contain the elements of the roadside inspection report as set out in Annex VI. | That information shall contain the elements of the roadside inspection report as set out in Annex VI
  , shall be in a standardised format and shall be communicated through the national electronic register referred to in Article 16 of Regulation (EC) No 1071/2009. |
| The Commission shall adopt detailed rules concerning the procedures
  and formats
  for the notification of vehicles with major or dangerous deficiencies to the competent authority of the Member State of registration in accordance with the examination procedure referred to in Article 23(2). | The Commission shall adopt detailed rules concerning the procedures for the notification of vehicles with major or dangerous deficiencies to the competent authority of the Member State of registration in accordance with the examination procedure referred to in Article 23(2). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   When major or dangerous deficiencies, in particular those resulting in a prohibition to use the vehicle, are found in a vehicle not registered in the Member State of inspection, the contact point shall inform the competent authority of the Member State of registration of the vehicle of the results of this inspection

this

1.   When major or dangerous deficiencies, in particular those resulting in a prohibition to use the vehicle, are found in a vehicle not registered in the Member State of inspection, the contact point shall inform the competent authority of the Member State of registration of the vehicle of the results of that inspection.

that

The Member State of registration shall take that information into account when classifying undertakings pursuant to Article 6(2).

The Member State of registration shall take that information into account when classifying undertakings pursuant to Article 6(2).

This information shall contain the elements of the roadside inspection report as set out in Annex VI.

This

That information shall contain the elements of the roadside inspection report as set out in Annex VI
  , shall be in a standardised format and shall be communicated through the national electronic register referred to in Article 16 of Regulation (EC) No 1071/2009.

That

, shall be in a standardised format and shall be communicated through the national electronic register referred to in Article 16 of Regulation (EC) No 1071/2009.

The Commission shall adopt detailed rules concerning the procedures
  and formats
  for the notification of vehicles with major or dangerous deficiencies to the competent authority of the Member State of registration in accordance with the examination procedure referred to in Article 23(2).

and formats

The Commission shall adopt detailed rules concerning the procedures for the notification of vehicles with major or dangerous deficiencies to the competent authority of the Member State of registration in accordance with the examination procedure referred to in Article 23(2).

Amendment 62

Amendment 62

Proposal for a regulation

Proposal for a regulation

Article 18 — paragraph 2 — subparagraph 2

Article 18 — paragraph 2 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The competent authority of the Member State of registration of the vehicle shall inform the Member State of inspection of the action taken. | The competent authority of the Member State of registration of the vehicle shall inform
  the competent authority of the
  Member State of inspection of the action taken
  and introduce the information into ERRU
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The competent authority of the Member State of registration of the vehicle shall inform the Member State of inspection of the action taken.

The competent authority of the Member State of registration of the vehicle shall inform
  the competent authority of the
  Member State of inspection of the action taken
  and introduce the information into ERRU
  .

the competent authority of the

and introduce the information into ERRU

Amendment 63

Amendment 63

Proposal for a regulation

Proposal for a regulation

Article 18 — paragraph 2 a (new)

Article 18 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  In the event that major or dangerous deficiencies are found, the name of the operator shall be provided to the contact point in accordance with Article 16. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  In the event that major or dangerous deficiencies are found, the name of the operator shall be provided to the contact point in accordance with Article 16.

2a.

In the event that major or dangerous deficiencies are found, the name of the operator shall be provided to the contact point in accordance with Article 16.

Amendment 64

Amendment 64

Proposal for a regulation

Proposal for a regulation

Article 18 — paragraph 2 b (new)

Article 18 — paragraph 2 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2b.
     
  The Member State of registration shall provide information to the authority performing a technical roadside inspection concerning the risk profile of the undertaking whose vehicle is being inspected. That information shall be provided by electronic means within a reasonable time. The Commission shall adopt implementing acts concerning detailed rules on the procedures for the provision of such information to such authorities. |
| | Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 23(2). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2b.
     
  The Member State of registration shall provide information to the authority performing a technical roadside inspection concerning the risk profile of the undertaking whose vehicle is being inspected. That information shall be provided by electronic means within a reasonable time. The Commission shall adopt implementing acts concerning detailed rules on the procedures for the provision of such information to such authorities.

2b.

The Member State of registration shall provide information to the authority performing a technical roadside inspection concerning the risk profile of the undertaking whose vehicle is being inspected. That information shall be provided by electronic means within a reasonable time. The Commission shall adopt implementing acts concerning detailed rules on the procedures for the provision of such information to such authorities.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 23(2).

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 23(2).

Amendment 65

Amendment 65

Proposal for a regulation

Proposal for a regulation

Article 20 — paragraph 2 — subparagraph 2

Article 20 — paragraph 2 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission shall report the data collected
  to the European Parliament
  . | The Commission shall
  submit to the European Parliament a
  report
  summarising
  the data collected. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission shall report the data collected
  to the European Parliament
  .

to the European Parliament

The Commission shall
  submit to the European Parliament a
  report
  summarising
  the data collected.

submit to the European Parliament a

summarising

Amendment 66

Amendment 66

Proposal for a regulation

Proposal for a regulation

Article 22 — paragraph 2

Article 22 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The delegation of power referred to in Article 21 shall be conferred for
  an indeterminate
  period of
  time
  [from the date of entry into force of this Regulation.] | 2.   The delegation of power referred to in Article 21 shall be conferred
  on the Commission
  for
  a
  period of
  five years
  [from the date of entry into force of this Regulation.]
  The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of identical duration unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The delegation of power referred to in Article 21 shall be conferred for
  an indeterminate
  period of
  time
  [from the date of entry into force of this Regulation.]

an indeterminate

time

2.   The delegation of power referred to in Article 21 shall be conferred
  on the Commission
  for
  a
  period of
  five years
  [from the date of entry into force of this Regulation.]
  The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of identical duration unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

on the Commission

a

five years

The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of identical duration unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Amendment 67

Amendment 67

Proposal for a regulation

Proposal for a regulation

Article 24 — paragraph 2

Article 24 — paragraph 2

| Texte proposé par la Commission | Amendement |
| --- | --- |
| 2.   Rules laid down in accordance with paragraph 1 shall include penalties for failure by a driver or operator to cooperate with the inspector and
  to rectify deficiencies detected during an inspection
  . | 2.   Rules laid down in accordance with paragraph 1 shall include penalties for failure by a driver or operator to cooperate with the inspector and
  for the illegal use of a vehicle resulting from non-compliance with Article 14
  . |

Texte proposé par la Commission

Texte proposé par la Commission

Amendement

Amendement

2.   Rules laid down in accordance with paragraph 1 shall include penalties for failure by a driver or operator to cooperate with the inspector and
  to rectify deficiencies detected during an inspection
  .

to rectify deficiencies detected during an inspection

2.   Rules laid down in accordance with paragraph 1 shall include penalties for failure by a driver or operator to cooperate with the inspector and
  for the illegal use of a vehicle resulting from non-compliance with Article 14
  .

for the illegal use of a vehicle resulting from non-compliance with Article 14

Amendment 68

Amendment 68

Proposal for a regulation

Proposal for a regulation

Annex II — part 2 — item 5.2.2 — point d a (new)

Annex II — part 2 — item 5.2.2 — point d a (new)

| Text proposed by the Commission |
| --- |
| 5.2.2. | Wheels |

Text proposed by the Commission

Text proposed by the Commission

5.2.2.

Wheels

Visual inspection of both side of each wheel

| Amendment by Parliament |
| --- |
| 5.2.2. | Wheels |

Amendment by Parliament

Amendment by Parliament

5.2.2.

Wheels

Visual inspection of both side of each wheel

| (da) | Wheel not compatible with wheel hub |
| --- | --- |

(da)

(da)

Wheel not compatible with wheel hub

Wheel not compatible with wheel hub

Amendment 69

Amendment 69

Proposal for a regulation

Proposal for a regulation

Annex II — part 2 — item 5.2.3 — column 2: Method

Annex II — part 2 — item 5.2.3 — column 2: Method

| Text proposed by the Commission |
| --- |
| 5.2.3 | Tyres |

Text proposed by the Commission

Text proposed by the Commission

5.2.3

Tyres

Visual inspection of the entire tyre by rolling the vehicle backwards and forwards.

| Amendment by Parliament |
| --- |
| 5.2.3 | Tyres |

Amendment by Parliament

Amendment by Parliament

5.2.3

Tyres

Visual inspection of the entire tyre by rolling the vehicle backwards and forwards.

Use a pressure gauge to measure tyre pressure and compare it with the values given by the manufacturer.

Use a pressure gauge to measure tyre pressure and compare it with the values given by the manufacturer.

Amendment 70

Amendment 70

Proposal for a regulation

Proposal for a regulation

Annex III — part 1 — heading: Dangerous deficiencies — paragraph 1

Annex III — part 1 — heading: Dangerous deficiencies — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Deficiencies that constitute a direct and immediate risk to road safety
  . Further use of the vehicle on the road is not permitted
  , although in some instances it may be permitted to be driven under specified conditions directly to a specified location, for example for immediate repair or impounding of the vehicle. | Deficiencies that constitute a direct and immediate risk to road safety
  justifying the Member State concerned or its competent authorities banning the vehicle from the road
  , although in some instances it may be permitted to be driven under specified conditions directly to a specified location, for example for immediate repair or impounding of the vehicle. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Deficiencies that constitute a direct and immediate risk to road safety
  . Further use of the vehicle on the road is not permitted
  , although in some instances it may be permitted to be driven under specified conditions directly to a specified location, for example for immediate repair or impounding of the vehicle.

. Further use of the vehicle on the road is not permitted

Deficiencies that constitute a direct and immediate risk to road safety
  justifying the Member State concerned or its competent authorities banning the vehicle from the road
  , although in some instances it may be permitted to be driven under specified conditions directly to a specified location, for example for immediate repair or impounding of the vehicle.

justifying the Member State concerned or its competent authorities banning the vehicle from the road

Amendment 71

Amendment 71

Proposal for a regulation

Proposal for a regulation

Annex 3 — part 2 — item 5.2.3 — point e

Annex 3 — part 2 — item 5.2.3 — point e

| Text proposed by the Commission |
| --- |
| 5.2.3. | Tyres |

Text proposed by the Commission

Text proposed by the Commission

5.2.3.

Tyres

| (e) | Tyre tread depth
  not in accordance with the requirements(1)

  . |
| --- | --- |

(e)

Tyre tread depth
  not in accordance with the requirements(1)

  .

not in accordance with the requirements(1)

X

X

| | Less than 80 % of required
  tread depth |
| --- | --- |

Less than 80 % of required
  tread depth

Less than 80 % of required

| Amendment by Parliament |
| --- |
| 5.2.3. | Tyres |

Amendment by Parliament

Amendment by Parliament

5.2.3.

Tyres

| (e) | Tyre
  at minimum legal
  tread depth. |
| --- | --- |

(e)

Tyre
  at minimum legal
  tread depth.

at minimum legal

X

X

| | Tyres below minimum legal
  tread depth |
| --- | --- |

Tyres below minimum legal
  tread depth

Tyres below minimum legal

Amendment 72

Amendment 72

Proposal for a regulation

Proposal for a regulation

Annex 3 — part 2 — item 5.2.3 — point g a (new)

Annex 3 — part 2 — item 5.2.3 — point g a (new)

| Text proposed by the Commission |
| --- |
| 5.2.3. | Tyres |

Text proposed by the Commission

Text proposed by the Commission

5.2.3.

Tyres

| Amendment by Parliament |
| --- |
| 5.2.3. | Tyres |

Amendment by Parliament

Amendment by Parliament

5.2.3.

Tyres

| (ga) | In-service operating pressure in one of the vehicle's tyres reduced by 20 % |
| --- | --- |

(ga)

(ga)

In-service operating pressure in one of the vehicle's tyres reduced by 20 %

In-service operating pressure in one of the vehicle's tyres reduced by 20 %

X

X

Amendment 73

Amendment 73

Proposal for a regulation

Proposal for a regulation

Annex IV

Annex IV

| Text proposed by the Commission | Amendment |
| --- | --- |
| [...] | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

[...]

deleted

deleted

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(1)  The matter was referred back to the committee responsible for reconsideration pursuant to Rule 57(2), second subparagraph (A7-0207/2013).

1

(2)  

  OJ L 102, 11.4.2006, p. 1.

2

OJ L 102, 11.4.2006, p. 1.

(3)  

  OJ L 370, 31.12.1985, p. 8.

3

OJ L 370, 31.12.1985, p. 8.

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